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1. The remaining amount of the real estate listed in the annex 1 list after it is put to an auction and the auction cost is deducted;
Reasons
1. The real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) is each real estate jointly owned by the Plaintiff and the Defendants in proportion to their shares listed in the separate sheet No. 2, and no agreement has been reached between the Plaintiff and the Defendants regarding the method of dividing the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts, the Plaintiff, as co-owners of the instant real estate, may claim a partition of co-owned property against the Defendants, who are other co-owners pursuant to Article 269(1) of the Civil Act.
B. In the case of dividing the jointly-owned property by a trial, it is a principle that it is divided in kind, but if it is impossible to divide it in kind or it is possible to divide it in kind, the value thereof may be reduced remarkably, the auction of the jointly-owned property may be ordered.
The requirement of "shall not be divided in kind" is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, utilization status, and the use value after the division.
"Where the value of a portion is likely to be reduced significantly if it is divided in kind" includes cases where, even if a co-owner is a person, the value of the portion to be owned independently due to the division in kind is likely to be significantly reduced compared to the value of the share before the division (see Supreme Court Decision 2002Da4580, Apr. 12, 2002).
In the following circumstances, the real estate of this case is difficult to find an appropriate method of partition satisfactory to all co-owners when the land category is divided in kind as forest land, and the Plaintiff filed a lawsuit for partition of co-owned property of this case and divided method thereof.